News & Analysis as of

Contract Termination

Delaware Court Of Chancery Orders Specific Performance, Finding Plaintiff Did Not Breach Its Contractual Obligation To "Reasonably...

by Shearman & Sterling LLP on

On September 11, 2017, Chancellor Andre G. Bouchard of the Delaware Court of Chancery ordered defendant, Comdata, Inc. (“Comdata”), to specifically perform under, and pay damages for its termination of, its merchant agreement...more

Vendor Contracts: Be Careful Before You Sign On The Dotted Line

by Fisher Phillips on

It’s the first week back to school and you receive the following three phone calls in quick succession - • A parent advises you that she does not want to buy expensive apparel from a certain sportswear company for her...more

Fed Adopts Final Rule Regarding Contract Termination Provisions for Repos, Stock Loans and Swaps with Systemically Important Banks

by Proskauer Rose LLP on

On September 1, 2017 the Federal Reserve voted to adopt a final rule requiring U.S. global systemically important banking institutions ("GSIBs") and the U.S. operations of foreign GSIBs to amend qualified financial contracts...more

Frac Sand: U.S. District Court Addresses Whether Quarry Operation Commenced Within the Terms of the Mining Lease

A United States District Court addressed in an August 15th opinion a dispute between parties to a mining lease involving frac sand. See Pronschinske Trust v. Kaw Valley Companies, Inc.and KC Proppants, LLC, 2017 WL 3498712...more

Implications of the 2016 US Presidential Election for Trade Policy

by White & Case LLP on

The election of Donald J. Trump as the 45th President of the United States will have important implications for US trade policy. Assessing these implications in the immediate aftermath of the presidential election is,...more

Harvey and Climate Change, and Consideration of a Retained Acreage Clause

by Gray Reed & McGraw on

You’ve seen the headlines. The portrait is complete; the verdict is in; the clock has run down to zero. The devastation of Harvey is “unprecedented” and it’s all because of climate change. That’s not necessarily so, thanks...more

But We Agreed to Arbitrate! – The Enforceability of an Arbitration Clause after the Termination or Expiration of the Written...

by Mulcahy LLP on

Businesses include arbitration clauses in their contracts for many reasons, including to avoid the greater cost of litigation in the courts. However, many business relationships will continue after the termination of a...more

TUPE transfer after a share purchase

by Dentons on

It is generally accepted that the TUPE Regulations will not apply to a transfer of shares. This is because there is no change in identity of the employer following a share sale. All rights, duties and liabilities in...more

Hartmann Plant Company Ordered to Stop Selling Infringing Blueberry Plant Varieties after Admitting to Willfully Infringing...

by Knobbe Martens on

Patent Judgments & Awards - Univ. of Fla. Bd. of Trustees v. Hartmann’s Plant Co., No. 1:16-CV-00027-MW-GRJ (N.D. Fla.) - The University of Florida obtained patents covering new varieties of blueberry plants that can be...more

Attorney’s Fees As Damages For Breach Of Contract? A Jury Must Decide

by Weintraub Tobin on

Often times, contracts contain attorney’s fee provisions. These terms allow the prevailing party in any action to enforce the contract to recover its attorney’s fees. Under California Code of Civil Procedure section 1717,...more

License to Sue? Court Rules That a Motor Vehicle Dealer Does Not Need a Dealer’s License to Bring a Statutory Claim for...

by Mulcahy LLP on

California’s motor vehicle code allows dealers to bring suit against manufacturers for terminating the dealer without good cause. See California Vehicle Code §§ 11713.3, 3060, 3061 and 3066. As currently written, the...more

Contract termination: terminating under the contract vs terminating at common law

by White & Case LLP on

Contract terminations are often loaded with legal risk, and therefore parties often rely upon as many grounds as possible to justify a termination. A recent English case highlights the risks associated with terminating solely...more

The Financially Distressed Subcontractor on a Government Contract: What a Prime Contractor Should Do to Protect the Project and...

Some bankruptcy experts predict an increase in business failures for government contractors in the coming years. Increased demands and constraints on government spending will stress both prime contractors and subcontractors....more

Eaton v. IRS: Tax Court determines IRS abused its discretion in cancelling two APAs

by DLA Piper on

The Tax Court in Eaton Corporation and Subsidiaries v. Commissioner, T.C. Memo, 2017-147 determined that the IRS abused its discretion in cancelling two unilateral advanced pricing agreements (APAs) covering the transfer of...more

FRANCHISEE 101: Cold Brew Remedy

by Lewitt Hackman on

Beer distributors can be on common footing with their franchisee counterparts in bargaining with brewers or suppliers. Depending on the jurisdiction, distributors may have protection through beer distribution statutes...more

Federal Circuit Affirms Finding Of Non-Arbitrability Under “Wholly Groundless” Standard

by Carlton Fields on

Stephen Evans, doing business as Roof n’ Box, Inc. (“RNB”), had a contract with Building Materials Corp. of America, (“BMCA”) to promote RNB’s “Roof N Box” product, a three-dimensional roofing model, to building-construction...more

Ontario Court of Appeal Confirms Law on Contract Provisions Which Will Breach the Employment Standards Act in the Future

by Littler on

Ontario’s highest court has confirmed that employment contract provisions that will breach the Employment Standards Act (‘ESA’) in the future are void and unenforceable. The Court has also confirmed that fixed-term employees...more

PBI Presentation Recap: Key Features of Beer Distribution Agreements

Theodore J. Zeller III, a Member of Norris McLaughlin & Marcus, P.A., and Chair of its Liquor Law Department, recently presented on “Alcohol Distribution and Franchise Law” at the Pennsylvania Bar Institute’s Alcohol Law...more

FRANCHISEE 101: A Perpetual Franchise

by Lewitt Hackman on

When a franchisee "buys into" a franchise system by paying an "initial franchise fee," the franchisee is typically purchasing the right to use the franchisor's trademarks and business system for an initial term that lasts a...more

On Strict Terms: Wording of Termination Provision Not What the Employer Does Determines Enforceability

by Bennett Jones LLP on

Highlighting the importance of using precise language in termination provisions of employment contracts, the Ontario Court of Appeal in Wood v Fred Deeley Imports Ltd., 2017 ONCA 158 [Wood] recently held that a termination...more

Estimates from Common Metering System are Insufficient to Maintain Oil and Gas Lease

by Reminger Co., LPA on

Recently, the Seventh District Court of Appeals of Ohio in Joseph and Anna Lang v. Weis Drilling Company, et al., Slip Opinion No. 2016-Ohio-88213, held that estimates derived from a common metering system are insufficient to...more

Important Deadlines Loom For Landlords Under Portland Residential Renter Protection Ordinance

by Tonkon Torp LLP on

For a very limited time, residential landlords can rescind some pending Notices of Termination and Notices of Rent Increases that would otherwise trigger Relocation Assistance under Portland’s new Renter Protection...more

Agreement terminations on the up – 5 union response strategies

by Seyfarth Shaw LLP on

The Aurizon decision handed down on 22 April 2015 and endorsed by a Full Federal Court on 3 September 2015 has created a viable option for employers needing to move away from legacy industrial arrangements that are bad for...more

Sixth Circuit: Calls to Prior Customers Violates TCPA

by Miller Canfield on

Many businesses routinely make telemarketing calls to prior customers. However, a recent ruling holds that this may violate the Telephone Consumer Protection Act (“TCPA)” and may open up businesses and franchises to class...more

The Risks of Suspension under Construction Contracts

by White & Case LLP on

Two recent cases from Australia and Hong Kong highlight the serious dangers of a wrongful suspension of works under a construction contract. Wrongful suspension may ultimately lead to the termination of a contract, and...more

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